HomeMy WebLinkAboutCombined Staff Report for 103-PMA-23 Emigrant Meadows Phases II, III, IV, IVPreliminary PlatAPPLICANTS:Heart M.Land &Livestock,LLC
PROJECT NAME:Emigrant Meadows Subdivision Phase II,III,IV,V –Preliminary Plat
COMMUNITY PLAN AREA:Upper Valley
ZONING:Rural
PIN:3219-061-00-512 &3219-052-00-178
SURVEYOR:Surveyor Scherbel,Ltd.
PLANNER:Emmett Mavy
_____________________________________________________________________________________
PROPOSAL:A Phased Major Subdivision Preliminary Plat application proposal to subdivide 93+/-
acres into 12 residential lots ranging in size from 2.00-15.64 acres.The average lot size will be 5 +/-acres
over all phases.Located in the Rural Zone.The lots will have access from a private subdivision road
Wagon Rut Lane from the Auburn-Tygee County Road 134.Each lot will have individual wells and
individual engineered enhanced septic systems.
PROPOSED PHASING:The developer is requesting a flexible phasing schedule with tentative dates as
listed below.The actual phasing will be dependent on market conditions.
Phase II -Lots 6-8 (Estimated 2024)
Phase III -Lots 9-11 (Estimated 2029)
Phase IV -Lots 12-14 (Estimated 2034)
Phase V -Lots 15-17 (Estimated 2039)
BACKGROUND:Emigrant Meadows subdivision started as a five lot minor subdivision as was platted
on October 8,2003 The remaining 93 acres are presented as a phased major subdivision,and will start
with 6 additional lots.
LOCATION:5.2 miles northwest of the Town of Afton,Wyoming in Section 5 &6 Township 32 North,
Range 119 West.
____________________________________________________________________________________
PLANNING AND ZONING COMMISSION RECOMMENDATION:
At the October 18,2023 meeting,the Planning and Zoning Commission sent a recommendation of
DENIAL to the Board of County Commissioners for File #103-PMA-23 a Major Subdivision
Preliminary Plat,with:Findings of DENIAL A.
103-PMA-23 Preliminary Plat
BCC -November 8,2023
Preliminary PlatFINDINGSOFDENIAL:
A.The proposed subdivision,with conditions,is NOT consistent with the standards and procedures
of these Lincoln County Land Use Regulations,including:Residential Density Standards;Chapter
6 Table:6.1 for Major Subdivisions in the Rural Zone.
PLANNING STAFF RECOMMENDATION:
At the October 18,2023 meeting,the Planning Staff sent a recommendation of APPROVAL to the
Planning and Zoning Commissioners for File #103-PMA-23 a Major Subdivision Preliminary Plat,with:
●Findings of Approval A thru C.
●Conditions of Approval 1 thru 8.Staff has recommended a 9th Condition of Approval
●A Recommendation for the Board Chairman to sign the Development Agreement.
____________________________________________________________________________________
FINDINGS:
A.The proposed subdivision,with conditions,is consistent with the provisions W.S.18-5-301
through W.S.18-5-315.
B.The proposed subdivision is consistent with goals and objectives of the Lincoln County
Comprehensive Plan,including Section IV Land Use Objective 1.Create Land Use Regulations
that promote the responsible and orderly development of Lincoln County.
C.The proposed subdivision,with conditions,is consistent with the standards and procedures of
these Lincoln County Land Use Regulations,including:
a.Residential Density Standards;Chapter 6 Table:6.1 for Major Subdivisions in the Rural
Zone.
CONDITIONS OF APPROVAL:
1.Significant alteration of the project shall require additional permitting.
2.A Weed Control Plan shall be developed in conjunction with Lincoln County Weed &Pest.
3.Developer and County shall enter into a Development Agreement to:
a.Ensure installation of subdivision improvements and preparation of documents,including:
i.Construct approved subdivision road with the minimum:
1.26’roadways from County Road 12-134 through the two completed loop
roads and back to Stump Creek County Road 133.
ii.Install electrical power and communication lines to each lot;
iii.Submittal of Water Distribution Plan to the State Engineer’s Office;
iv.Establish future road names prior to final platting of Lots 9,10,11.
v.Survey monumentation;and
vi.Development of either,a HOA,CCRs,Road Maintenance Agreement,Special
Improvement District,or Mutual Benefit Corporations that covers all subdivision
lots that at a minimum:
103-PMA-23 Preliminary Plat
BCC -November 8,2023
Preliminary Plat1.Provide an entity for ongoing road maintenance including the collection of
road maintenance fees;
2.Provide an entity for ongoing snow removal including the collection of
snow removal fees;
3.Ensure road maintenance and snow removal are maintained indefinitely;
4.The chosen document must be filed at the time of final plat filing,and bind
all current and future owners to the agreement.
4.Prior to Final Plat Application the improvements shall be installed and inspected by County
personnel.
a.Provide for final plat approval upon satisfaction of Development Agreement terms;
b.Developer Agreement shall be signed by all parties and filed with the Lincoln County
Clerk’s Office no later than 60 days after approval of the Preliminary Plat or the
application and approval shall be voided.
5.Plat Warnings be included for the following:
DEQ Requested Plat Warning:
For all 12 lots within the Emigrant Meadows Phase II Subdivision it is the individual lot/home
owner's responsibility to obtain a Chapter 3 permit to Construct from the Wyoming Department of
Environmental Quality for the construction and/or modification of an enhanced treatment septic
system.A Wyoming Registered Professional Engineer must design the enhanced treatment septic
system per WQR Chapter 23,Section 7(d)(viii)(E).A Permit to Construct Application for
enhanced treatment septic systems must be submitted to the Southwest District Engineer in Lander.
For the proposed Advanced Enviro-Septic enhanced treatment septic systems the bottom of the
leach field bed sand must be at least 6 feet above the seasonally high groundwater.
After domestic well installation in the Emigrant Meadows Phase II Subdivision and prior to use,
the WDEQ WQD suggests that homeowners have their wll sampled for the following constituents:
The National Primary Drinking Water Regulations inorganic chemicals,microorganisms,
radionuclides,and the National Secondary Drinking Water Regulations contaminants.In addition,
the WQD suggests homeowners have their well tested on a semi-regular schedule (see
knowyourwell.org).
Hazard Plat Warning:
WARNING:FEMA Flood Zone A EXISTS ON LOTS 8,11,13,15,16.Land within the
Floodplain is a non-buildable area until a FEMA LOMA (Letter of Map Amendment)is
performed to remove the land from the flood plain.
6.Phased Development Agreements
Each Phase of this Major Subdivision will require its own Development Agreement prior to
commencing construction and will be required to install improvements to the County Standards
that exist at the time of construction.
7.FEMA FloodPlain Zone A to be shaded on all Final Plats.
103-PMA-23 Preliminary Plat
BCC -November 8,2023
Preliminary Plat8.The disputed 30’section of land on lots 16 &17 will be resolved or removed prior to Final Plat of
Phase V.
9.A plat warning stating that states Phases II and III are using the density from the later phases to
obtain their 5 acre average density,and that future property owners of the land under the remaining phases
shall not vacate the preliminary plats of Phases IV &V as that would be a subversion of Lincoln County
Land Use Regulations.
_____________________________________________________________________________________
EXHIBITS:
1.Preliminary Plat
2.Vicinity Map
3.Draft Development Agreement
4.Correspondence
5.Subdivision Plat for First Filing
_____________________________________________________________________________________
CORRESPONDENCE:
Lincoln County Weed &Pest:At the time of inspection,no noxious weeds were present.According to
The subdivision representative will need to contact Lincoln County Weed and Pest and explain their weed
control strategy or work with us to devise one.
Star Valley Conservation District:Due to water levels being close to the surface,SVCD recommends
soil cuts to determine groundwater levels.If ground water is high,we recommend an enhanced septic
system and no basements.We recommend that soil cuts be taken in the spring/early summer when
groundwater is highest.If soil cuts are done at other times know that static water level can fluctuate
according to the amount of high-water runoff from year to year.Please note that the property has an
irrigation water right from Stump Creek through the Idaho Boundary Line Ditch.This water district must
have maintenance access to the canal.Due to this fact,it is highly recommended that no landscaping such
as trees,shrubbery,etc.,be placed within 15 feet of either side of the canal.
State Engineer's Office:Our records indicate that there may be some irrigated acres associated with the
subdivision lands under Permit P3062.0E and P4989.0E.These acres need to be addressed per Statute.
Wyoming DEQ:DEQ provided a non-adverse letter for Engineered Enhanced septic systems and
individual water wells for each lot,and stated that these are safe and adequate for the Emigrant Meadows
Subdivision Phase II.They also requested a plat warning of:
Recommended Plat Warning:
For all 12 lots within the Emigrant Meadows Phase II Subdivision it is the individual lot/home
owner's responsibility to obtain a Chapter 3 permit to Construct from the Wyoming Department of
Environmental Quality for the construction and/or modification of an enhanced treatment septic
system.A Wyoming Registered Professional Engineer must design the enhanced treatment septic
system per WQR Chapter 23,Section 7(d)(viii)(E).A Permit to Construct Application for
103-PMA-23 Preliminary Plat
BCC -November 8,2023
Preliminary PlatenhancedtreatmentsepticsystemsmustbesubmittedtotheSouthwestDistrictEngineerinLander.
For the proposed Advanced Enviro-Septic enhanced treatment septic systems the bottom of the
leach field bed sand must be at least 6 feet above the seasonally high groundwater.
After domestic well installation in the Emigrant Meadows Phase II Subdivision and prior to use,
the WDEQ WQD suggests that homeowners have their wll sampled for the following constituents:
The National Primary Drinking Water Regulations inorganic chemicals,microorganisms,
radionuclides,and the National Secondary Drinking Water Regulations contaminants.In addition,
the WQD suggests homeowners have their well tested on a semi-regular schedule (see
knowyourwell.org).
Public Comments:No public comments
103-PMA-23 Preliminary Plat
BCC -November 8,2023
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File No 103 PMA 23
Emigrant Meadows Subdivision
Phase II
Ryan and Inger Merritt
Prepared using available data by Katie Gipson, on 2 May 2023. Map is for informational purposes only and in no way represents an official survey of land.
DEVELOPMENT AGREEMENT
EMIGRANT MEADOWS SUBDIVISION PHASE II
FILE NO.#103-PMA-23
PIN:3219-061-00-512 &3219-052-00-178
THIS AGREEMENT is made and entered into as of the ____day of ______________,2023 by
and between Lincoln County,Wyoming,hereinafter referred to as “County”,whose address is
421 Jefferson St.,Suite 701,Afton,Wyoming,83110,specifically Lincoln County Planning and
Development and Heart M.Land &Livestock,LLC,hereinafter referred to as
OWNER/DEVELOPER”,whose address is P.O.Box 55,Auburn,WY 83111.
This Development Agreement is for Phase II of Emigrant Meadows Subdivision and Represents
the Lots 6-8 in the following phasing schedule:The Third Filing,Fourth Filing,and Fifth Filing
of the Phased Major Subdivision will be bound to this Phased Major Subdivision.Each phase
will require their own Development Agreements prior to commencing construction and will be
required to install improvements to the County Standards that exist at the time of construction.
Phasing Schedule for the Phased Major Subdivision 103-PMA-23:
Emigrant Meadows Subdivision Phase II -Lots 6-8
Emigrant Meadows Subdivision Phase III -Lots 9-11
Emigrant Meadows Subdivision Phase IV -Lots 12-14
Emigrant Meadows Subdivision Phase V -Lots 15-17
WHEREAS,it is the intent and purpose of the OWNER/DEVELOPER to meet the conditions of
approval for File No.#103-MA-23 Subdivision to subdivide approximately 93.00 acres into 12
lots as set forth in the Preliminary Plat;and
WHEREAS,the OWNER/DEVELOPER is the sole owner of the identified certain Property (see
Exhibit A)located in the County;and
WHEREAS,it is the intent and purpose of the OWNER/DEVELOPER and the County to enter
into this Agreement that will guarantee the full and satisfactory completion of the required
Improvements on the Property described in this Agreement and it is the intent of this Agreement
and the parties to satisfy the Improvement requirements and to provide for the approval of the
final plat application by the Lincoln County Board of County Commissioners and the final plat
recordation in the Office of the Lincoln County Clerk of Emigrant Meadows Subdivision Phase
II,III,III,V;
NOW THEREFORE,in consideration of the mutual covenants and conditions contained herein,
the parties agree:
Section 1.Definitions
1.1 SUBDIVISION:The subject of this Agreement,which is designated and identified as
File No.#103-MA-23 Emigrant Meadows Subdivision Phase II on the Property described in
Page 1 of 10
Exhibit A in the jurisdiction of Lincoln County,Wyoming.This definition shall include any and
all future mention to the term SUBDIVISION.
1.2 IMPROVEMENT:Any alteration to the land or other physical construction located on or
off the Property that is associated with this subdivision,building site,or development.
1.3 OWNER//DEVELOPER:means and refers to Heart M.Land &Livestock,LLC,
whose address is P.O.Box 55,Auburn,WY 83111,the party that owns and is developing the
Property and shall include and subsequent owner(s)or OWNER/DEVELOPER(s)of the
Property.
1.4 PROPERTY:means and refers to the identified approximately 93.00+/-acres of a certain
parcel(s)of Property located in Lincoln County,Wyoming,as described in Exhibit A.
Section 2.Planned Improvements.
The OWNER/DEVELOPER shall,at its sole cost and expense,properly install and complete the
following required improvements:
●Subdivision Road:
o 26’roadway from County Road 12-134 through the completed loop road back to
Phase I of Emigrant Meadows Subdivision.
o A Floodplain Development Permit will be required where the new subdivision
road crosses the FEMA Floodplain Zone A.
●Submittal of Water Distribution Plan to the State Engineer’s Office
●Utilities:
o Install Electrical Power to each identified lot.
o Install Communication lines to each identified lot.
●Surveyor’s lot monuments as set forth in the Preliminary Plat attached hereto as Exhibit B.
●Disturbed areas shall be reseeded to avoid weed infestation and erosion.
●Road Signs:The Developer to purchase private road name signs and stop signs through
Lincoln County,Wyoming Planning and Engineering Office and the developer to install
signs according to planning office guidelines.
●Comply with the Wyoming subdivision fencing law W.S.18-5-319 and 18-5-306 that will
be in effect at the time of Final Plat.
OWNER/DEVELOPER agrees that these Improvements shall be installed in compliance with
Lincoln County Land Use Regulations Chapter 6 adopted by the County or other agencies
responsible for providing services to the Development.
Section 3.Sales or building permits.No lot shall be sold prior to final plat approval by the
Lincoln County Board of County Commissioners and recording by the Lincoln County Clerk.
Also no building permits shall be issued by the County until final plat approval and recording.
Section 4.Schedule for Commencement and Completion of the Improvements.The
OWNER/DEVELOPER shall commence construction of the Improvements for SUBDIVISION
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within two (2)years after the SUBDIVISION Preliminary Plat approval by the Lincoln County
Board of County Commissioners.The OWNER/DEVELOPER will complete construction of the
Improvements within three (3)years after approval of the Preliminary Plat.If
OWNER/DEVELOPER does not commence construction of the Improvements within two (2)
years or complete Improvements within three (3)years of the date of SUBDIVISION
Preliminary Plat approval by the Lincoln County Board of County Commissioners,the
preliminary plat approval for SUBDIVISION will be automatically revoked.At such time,the
OWNER/DEVELOPER must reapply for approval of SUBDIVISION under the then current
County subdivision regulations.If OWNER/DEVELOPER timely completes the Improvements
and meets all of the conditions of approval set out in the Final Determination approving the
Preliminary Plat and improvements as outlined in this SUBDIVISION Agreement,a Final Plat
shall be signed and recorded.
Section 5.Control of trash,weeds,dust,erosion,and sedimentation.The
OWNER/DEVELOPER shall be fully responsible for all dust abatement,erosion,sedimentation,
weed,and trash control on the Property required by any County,State or Federal regulations.
OWNER/DEVELOPER shall use best management practices and industry standards for control.
Trash shall be contained at all times.The responsibilities in this Section shall run with the land
and shall therefore apply before,during,and until completion of Improvements.
Section 6.Permits.The OWNER/DEVELOPER is responsible for obtaining all 60’
right-of-way,easements,access,excavation,and other permits and approvals required by local,
State,or Federal regulations and will not submit for approval for final plat until all proper
easements and permits are in place.
Section 7.Inspections.The OWNER/DEVELOPER’s representatives shall make regular
inspections and maintain control of SUBDIVISION while it is under construction.
Representatives of the County shall have the right to enter upon the Property at any reasonable
time to inspect and to determine whether the OWNER/DEVELOPER is in compliance with this
Agreement.The OWNER/DEVELOPER shall permit the County and its representatives to enter
upon and inspect the Property at reasonable times.The OWNER/DEVELOPER will not
materially deviate from the Improvements required herein without the prior written approval of
the County,which approval will not be unreasonably withheld.
Section 8.Final Inspection and Approval of Improvements.The OWNER/DEVELOPER
shall notify the County when it believes that the Improvements have been fully and properly
completed and shall request final inspection and approval and acceptance of the Improvements
by the County.At the time of such notification to the County,OWNER/DEVELOPER shall
submit to County a set of “as built”plans and specifications,prepared by its engineer.The
County will provide interim and final inspection of the Improvements within a reasonable time
period after notification by the OWNER/DEVELOPER of completion and submission of “as
built”plans and specifications.Upon inspection,the County shall give written acceptance of the
Improvements or a written checklist of material deficiencies,such noted deficiencies shall be
specific as to location and shall specify,in detail,the necessary corrective action to be taken by
the OWNER/DEVELOPER.Upon approval of the final inspection,the County shall notify
OWNER/DEVELOPER of its acceptance of the Improvements.
Page 3 of 10
Section 9.Warranty of the Improvements.The OWNER/DEVELOPER warrants the prompt
and satisfactory correction of all defects and deficiencies,for both materials and workmanship,
in the Improvements that occur or become evident within one year.If such defect or deficiency
occurs or becomes evident during such period,then the OWNER/DEVELOPER shall,within
thirty (30)days after written demand by the County to do so,correct it or cause it to be corrected.
If the defect or deficiency cannot be reasonably corrected within thirty (30)days after written
demand from the County,the OWNER/DEVELOPER shall commence the correction of the
deficiency within the thirty (30)day period and proceed with reasonable diligence to correct the
same or cause it to be corrected.
Section 10.Remedies.In the event the OWNER/DEVELOPER fails to perform any of the
terms,conditions or obligations in this Agreement or has not resolved a defect or deficiency
under this Agreement,the County,at its option,may exercise any rights and remedies it may
have under law.Furthermore,the County reserves the right,in its absolute discretion,to revoke
the OWNER/DEVELOPER’s approvals for SUBDIVISION.In the event of said revocation,
OWNER/DEVELOPER must reapply for approval of SUBDIVISION under the then current
County subdivision regulations.
Section 11.Default.If the OWNER/DEVELOPER fails to fully perform any of its obligations in
accordance with this Agreement,or fails or refuses to correct any defect or deficiency in the
Improvements required by this Agreement,then the OWNER/DEVELOPER shall be in Default
of this Agreement.Lincoln County shall notify the OWNER/DEVELOPER of the specific
Default or failing.If Default occurs,then Lincoln County shall be entitled to use any of the
Remedies in the preceding paragraph at its own discretion.
Section 12.Maintenance of Lots.OWNER/DEVELOPER hereby agrees that all unsold lots
shall be maintained by the OWNER/DEVELOPER at the OWNER/DEVELOPER’s sole
expense.
Section 13.Maintenance of Roads.OWNER/DEVELOPER hereby agrees that they will create
a binding document either a HOA,CCRs,Road Maintenance Agreement,Special Improvement
District,or Mutual Benefit Corporations that at a minimum:
a)Provide an entity for ongoing road maintenance including the collection of road
maintenance fees;
b)Provide an entity for ongoing snow removal including the collection of snow removal
fees;
c)Ensure road maintenance and snow removal are maintained indefinitely.
d)The chosen document must be filed at the time of final plat filing,and bind all current
and future owners to the agreement.
Section 14.Binding Upon Successors.This Development Agreement shall be binding upon and
inure to the benefit of the parties’respective heirs,successors,assigns and personal
representatives.
Section 15.Notices.Any written notices required herein shall be deemed delivered to the
addressee when delivered in person on a business day at the address set forth below or on the
third day after being deposited in the United States mail,for delivery by properly addressed,
Page 4 of 10
postage prepaid,certified or registered mail,return receipt requested,to the address set forth
below.
Notices to the County shall be addressed to,or delivered at,the following address:
Lincoln County Board of County Commissioners
ATTN:Planning Director
Planning and Development Office
421 Jefferson St.,Suite 701
Afton,Wyoming,83110
Notices to the OWNER/DEVELOPER shall be addressed to,or delivered at,the following
address:
Heart M.Land &Livestock,LLC
P.O.Box 55
Auburn,WY 83111
Section 16.Indemnification.
A.No Liability for County Approval or Denial.The OWNER/DEVELOPER acknowledges
and agrees (1)that the County is not,and shall not be,in any way liable for any damages,loss or
injuries whatsoever,including attorney fees,that may be sustained as the result of the County’s
issuance or denial of any permits,inspections,approvals or acceptances of the Improvements or
use of any portion of the Improvements,and (2)that the County’s issuance or denial of any
permits,inspections,approvals or acceptances does not,and shall not,in any way be deemed to
insure the OWNER/DEVELOPER,or any of its heirs,successors,assigns,tenants,or licensees
or any third party,against damage or injury of any kind.
B.Indemnification.Except as provided below,the OWNER/DEVELOPER agrees to,and
does hereby,indemnify the County,and all of its elected and appointed officials,officers,
employees,agents and representatives from any and all claims,costs and liability of every kind
and nature that may be asserted at any time against any such parties for injury or damage
received or sustained by any person or entity in connection with (1)the County’s review of,
denial,or approval of any plans,including those for the Improvements,(2)the inspection or
issuance of any approval or acceptance of Improvements,(3)the SUBDIVISION,construction,
maintenance or use of any portion of the Improvements and (4)the performance by the
OWNER/DEVELOPER of its obligations under this Agreement and all related Agreements.The
indemnification required herein shall include,but not be limited to,any costs of defense incurred
by the indemnified parties including attorney fees and expert witness fees.
Section 17.Amendments or Alterations.Any changes,omissions,modifications,revisions,
additions or amendments to this Development Agreement shall be incorporated by written
instrument,executed and signed by all parties.
Section 18.Severability.The invalidity or unenforceability of any provision of this Agreement
shall not affect the other provisions hereof and this Agreement shall be construed in all respects
as if such invalid or unenforceable provisions were omitted.
Page 5 of 10
Section 19.Filing.The County shall have this Agreement recorded in the Office of the Lincoln
County Clerk.
Section 20.Authority to Execute.The County hereby warrants and represents to the
OWNER/DEVELOPER that the persons executing this Agreement on its behalf have been
properly authorized to do so by the Board of County Commissioners.The
OWNER/DEVELOPER hereby warrants and represents to the County (1)that it is the owner of
record of the Property or the owner’s authorized representative,(2)that it has the right,power,
and authority to enter into this Agreement and to agree to the terms,provisions,and conditions
set forth herein and to bind the subdivision as set forth herein,(3)that all legal action needed to
authorize the execution,delivery,and performance of this Agreement have been taken,and (4)
that neither the execution of this Agreement nor the performance of the obligations assumed by
the OWNER/DEVELOPER hereunder will (i)result in a breach or default under any Agreement
to which the OWNER/DEVELOPER is a party or to which it or the subdivision is bound or (ii)
violate any statute,law restriction,court order,or Agreement to which the
OWNER/DEVELOPER or the subdivision is subject.
Section 21.Regulations.The OWNER/DEVELOPER agrees to abide by all regulations,laws
and codes of Lincoln County,the State of Wyoming,and the Federal Government.
Section 22.Applicable Law/Venue.The construction,interpretation,and enforcement of this
Agreement shall be governed by the laws of the State of Wyoming.The Courts of the State of
Wyoming shall have jurisdiction over this Agreement and the parties,and the venue shall be the
Third Judicial District,Lincoln County,Wyoming.
Section 23.Insurance.OWNER/DEVELOPER shall procure,and at all times maintain,general
liability insurance to protect from claims for damages because of negligence or bodily injury,
including but not limited to death and damages to property,all with coverage limits of no less
than one million dollars ($1,000,000.00).Said insurance will also provide coverage to fulfill the
OWNER/DEVELOPER’s indemnification requirements set forth herein and be obtained before
beginning construction.Upon request,OWNER/DEVELOPER agrees to provide a certificate of
liability insurance to County evidencing said limit.
Section 24.Entirety of Agreement.This Agreement sets forth all promises,inducements,
agreements,condition and understandings between OWNER/DEVELOPER and County relative
to the subject matter hereof,and there are no promises,agreements,conditions or understanding,
either oral or written,express or implied,between OWNER/DEVELOPER and County,other
than as are stated herein.All Exhibits referenced herein are incorporated in this Agreement as if
set forth in full including all text information in the Exhibits.In the event of any conflict of
terms in this Agreement and any Exhibits,the terms of this Agreement shall control.Except as
herein otherwise provided,no subsequent alteration,amendment,change or addition to this
Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them
or their successors in interest or their assigns.
Section 25.No Waiver of County Rights.No waiver of any provision of this Agreement will be
deemed to constitute a waiver of any other provision nor will it be deemed to constitute a
Page 6 of 10
continuity waiver unless expressly provided for;nor will the waiver of any default under this
Agreement be deemed a waiver of any subsequent default or defaults of the same type.The
County’s failure to exercise any obligation under this Agreement will not constitute the approval
of any wrongful act by the OWNER/DEVELOPER or the acceptance of any Improvement.
OWNER/DEVELOPER acknowledges that Lincoln County reserves the right to revoke all
approvals for SUBDIVISION upon failure to comply with SUBDIVISION conditions of
approval,upon any of the violations of Lincoln County Land Use Regulations,or for
misrepresentations or material omissions made to the Lincoln County Planning and Engineering
Office or Board of County Commissioners.
Section 26.Sovereign Immunity.The County does not waive sovereign immunity by entering
into this Agreement and specifically retains immunity and all defenses available to it pursuant to
law,including government immunity.
Section 27.Effective Date.This Agreement shall become valid and binding only upon its
approval by the Lincoln County Board of County Commissioners and shall be effective on the
date first written above.
IN WITNESS WHEREOF,the parties to this Agreement through their duly authorized
representatives have executed this Agreement on the days and dates set out below and certify
that they have read,understood,and agreed to the terms and conditions of this Agreement.
LINCOLN COUNTY
________________________________Date:______________________
Jerry W.Hansen,Chair
Board of Lincoln County Commissioners
Attest:
________________________________
April Brunski
Lincoln County Clerk
Page 7 of 10
OWNER/DEVELOPER
________________________________Date:______________________
_________________,_________of Heart M.Land &Livestock,LLC
Print Name Title
STATE OF WYOMING )
)ss
COUNTY OF LINCOLN )
The foregoing instrument was acknowledged before me by
______________________,__________of Heart M.Land &Livestock,LLC this ____day of
______________2023.
Witness my hand and official seal.
(SEAL)
_____________________________________
Notary Public
My Commission expires:________________
Page 8 of 10
EXHIBIT A
DESCRIPTION OF PROPERTY
Emigrant Meadows Subdivision Phase II,III,IV,V
93.00+/-acres within Section 5 &6,Township 32 North,Range 119 West,in,Lincoln County,
Wyoming.PIN:3219-061-00-512 &3219-052-00-178
Page 9 of 10
EXHIBIT B
APPROVED PRELIMINARY PLAT
See Attached
Page 10 of 10
December 6, 2022
Lincoln County Office of Planning and Development
P. O. Box 468
Kemmerer, WY 83101 STAR VALLEY CONSERVATION DISTRICT Board of Supervisors has reviewed the proposed Lost Creek Meadows, major subdivision near Auburn, Wyoming.
Due to water levels being close to the surface, SVCD recommends soil cuts to determine groundwater levels. If ground water is high, we recommend an enhanced septic system and no basements. We recommend that soil cuts be taken in the spring/early summer when groundwater is highest. If soil cuts are done at other times know that static water level can
fluctuate according to the amount of high-water runoff from year to year.
Please note that the property has an irrigation water right from Stump Creek through the Idaho Boundary Line Ditch. This water district must have maintenance access to the canal. Due to this fact, it is highly recommended that no landscaping such as trees, shrubbery, etc., be placed within
15 feet of either side of the canal. For more information, please contact the watermaster, Ryan
Merritt, at 307-690-6322. This report satisfies the Conservation District Review as required by Wyoming State Statute 18-5-306. No other use is intended or implied. If there is any more information, we can provide for you,
please let us know.
Yours truly,
STAR VALLEY CONSERVATION DISTRICT
Rollin Gardner
Chairman
Subdivision Review Emigrant Meadows Minor Subdivision
Auburn, Wyoming December 6, 2022 Location
The Emigrant Meadows minor subdivision is in the South ½ Northeast 1/4 of Section 6 T32N
R119W west of Auburn, Wyoming. The proposed subdivision is +/- 76 acres and will be divided into 12 lots. Drainage is to the north and east. Water
Star Valley Conservation District (SVCD) personnel used the State Engineers Water Rights Data
Base to obtain groundwater information for this property. Well logs from wells in the vicinity indicated the static water level is between 7 and 100 feet below ground surface. According to Surveyor Scherbel’s Office, owner’s agent, the 12 lots will each have individual
wells and septic systems. Due to water levels being close to the surface, SVCD recommends soil cuts to determine groundwater levels. If ground water is high, we recommend an enhanced septic system. We recommend that soil cuts be taken in the spring/early summer when groundwater is highest.
If soil cuts are done at other times know that static water level can fluctuate according to the amount of high-water runoff from year to year. Please note that the property has an irrigation water right from Stump Creek through the Idaho
Boundary Line Ditch. This water district must have maintenance access to the canal. Due to this
fact, it is highly recommended that no landscaping such as trees, shrubbery, etc., be placed within 15 feet of either side of the canal. For more information, please contact the watermaster, Ryan Merritt, at 307-690-6322.
Salt River
The Salt River is listed on Table C (Water Bodies with Water Quality Threats) of the Wyoming Department of Environmental Quality (WDEQ) 2020 Section 303(d) List. The Salt River does not support the designated use for contact recreation use due to elevated levels of fecal coliform bacteria.
In response to this listing, the Star Valley Conservation District (SVCD) initiated watershed-
planning activities for the Salt River Watershed in 2003. The Salt River Watershed Plan has been completed, was formally submitted to WDEQ and was accepted and signed by WDEQ in July 2005. SVCD completed a TMDL for the Salt River in 2016 which was submitted to WDEQ.
SVCD continues to monitor the watershed. We have collaborated with landowners to implement
fencing and off stream watering for livestock. We also provide a cost share to homeowners to
pump septic systems after attending our septic workshops.
The Salt River Watershed Plan identifies rural subdivisions as adversely affecting water quality in the Salt River Watershed. Storm water run-off from this subdivision should be managed using
best management practices to ensure that pollutants such as storm water runoff, animal wastes,
sediment, and fertilizers do not reach the irrigation ditches or other surface waters in the area. National Pollutant Discharge Elimination System (NPDES) The Wyoming Department of Environmental Quality (WYDEQ) requires all construction sites
that disturb 1 acre or more to have a construction NPDES permit. The areas do not have to be
contiguous. The permit requires construction site operators to implement appropriate erosion and sediment control best management practices, control waste such as discarded building materials, concrete truck wash-out, chemicals, litter, and sanitary wastes.
Operators of construction activities must develop a Storm Water Pollution Prevention Plan
(SWPPP) that describes the measures to be implemented at the construction site that will eliminate or minimize pollutants from the project from reaching surface waters. The terms and conditions of the permit must be implemented until the land disturbed by
construction activities has been ‘finally stabilized.’ Finally stabilized is defined as “all soil
disturbing activities at the site have been completed, and a uniform perennial vegetative cover with a density of 70% of the native background vegetative cover for the area has been established on all disturbed unpaved areas and areas not covered by permanent structures”.
If construction will disturb 5 or more acres a stormwater permit from WYDEQ is required.
For more information regarding the NPDES requirements please contact Katy Sprouse by phone or email at 307-777-7570 (katysprouse@wyo.gove)Anita Rehner, WYDEQ Program Coordinator at 307-777-5622 or (arehner@state.wy.us).
Soils The following soils information provided by the Natural Resources Conservation Service (NRCS) Soil Survey of Star Valley Area, Wyoming – Idaho. This information does not eliminate the need for onsite investigation of the soils or for testing and analysis of these soils by a
Wyoming Licensed Engineer experienced in the design and construction of engineering work.
The proposed subdivision is comprised of 4 types of soil- Leavittville Complex (Le),Paulson silty clay loam 0 to 3 percent slopes (PaA), Paulson silty clay loam 6 to 10 percent slopes (PaC), and Paulson-Lail association (PL).
Limitations: ‘not limited’ indicates that the soil has features that are favorable for the specified use, good performance and very low maintenance can be expected. ‘Somewhat limited’ indicates that the soil has features that are moderately favorable for the specified use. The limitations can be overcome or minimized by special planning, design, and installation. Fair
performance and moderate maintenance can be expected. Soils with ‘very limited’ designations
indicate that the soil has one or more features that are unfavorable for the specified use. The limitations generally cannot be overcome without major soil reclamation, special design, or expensive installation procedures, poor performance and high maintenance can be expected.
Dwelling with and without basements: The degree of limitations for dwellings with and
without basements and small commercial buildings in areas containing Leavittville complex (Le) is Not Limited. In areas containing the Paulson silty clay loam 0 to 3 percent slope (PaA) is Very Limited due to shrink-swell. In areas containing Paulson silty clay loam 6 to 10 percent slopes (PaC) and Paulson-Lail association is Very Limited due to shrink-swell and slope.
Soil cuts were not conducted as part of this review. Care should be taken not to locate buildings
in the intermittent drainage or any drainage channel where overland flooding could occur during early spring snowmelt or heavy thunderstorms.
Sewage Disposal: The degree of limitations for septic tank absorption fields for areas containing Leavittville complex (Le) is Somewhat Limited due to slow water movement. Areas containing the Paulson silty clay loam 0 to 3 percent slope (PaA) are rated as Very Limited due to slow water movement. Areas consisting of Paulson silty clay loam 6 to 10 percent slopes (PaC) and the Paulson-
Lail association (PL) are rated as Very Limited due to slow water movement and slope. Roads and streets: The degree of limitations for roads and streets for areas containing Leavittville complex (Le) is rated Very Limited due to frost action and low strength. In areas containing the Paulson silty clay loam 0 to 3 percent slope (PaA) the rating is Very Limited due
to frost action, low strength, and shrink-swell. The limitations for areas consisting of Paulson
silty clay loam 6 to 10 percent slopes (PaC) and Paulson-Lail association (PL) are listed as Very Limited due to frost action, low strength, shrink-swell and slope. Shallow excavations: The degree of limitations for shallow excavations for areas containing the
Leavittville complex (Le) is rated as Very Limited due to cutbanks cave. For areas containing
Paulson silty clay loam 0 to 3 percent slope(PaA) the rating is Somewhat Limited due to cutbanks cave. In areas consisting of Paulson silty clay loam 6 to 10 percent slopes (PaC) the rating is listed as Somewhat limited due to cutbanks cave and slope. The areas containing Paulson-Lail (PL) association is rated as Very Limited due to slope, cutbanks cave, and too clayey.
Erosion Hazard: The potential of erosion hazard for unsurfaced roads and trails and the potential erosion of construction sites in areas containing Leavittville complex (Le) and Paulson silty clay loam 0 to 3 percent are rated as slight. Areas consisting of Paulson silty clay loam 6 to 10 percent slopes (PaC) are rated as Moderate for unsurfaced roads and trails due to
slope/erodibility and slight for construction sights. The potential erosion hazard for unsurfaced
roads and trails in areas of Paulson-Lail association (PL) are rated as Severe due to slope/erodibility, however for construction sights, it is rated at Moderate due to slope/erodibility.
To avoid potential erosion or sedimentation problems all disturbed areas during subdivision
construction, especially road banks, need to be mulched and seeded back to adapted grass/legumes and tress/shrubs as soon as possible. Topsoil should be stockpiled and saved during construction, so adequate seedbeds can be prepared in the disturbed areas. Appropriate erosion and sediment control best management practices should be installed and maintained for
the duration of the project.
Noxious Weeds Lincoln County Weed and Pest report is included separately in this report. No noxious weeds were found.
Lincoln County Weed & Pest furnishes herbicides for noxious weed control at a discount to landowners. Check with Weed and Pest to see if you qualify. They also offer ATV sprayers and 25-gallon pickup sprayers for rent.
All visits to the property as well as any consultations are at no charge. To contact Lincoln
County Weed and Pest call 307-885-9333 (WEED).
Small Acreage Grazing/Livestock Management Please be aware, grazing animals on small acreages can have a significant impact on the
condition of soil, water, plants, and other natural resources.
Care should be taken to ensure agricultural activities such as grazing, corrals, pastures, feedlots, animal waste storage or spreading does not take place within any wellhead protection zone.
Best management practices should be implemented on these parcels to ensure animal wastes
does not reach spring or Salt River during times of high water, snow melt, or storm run-off. This can be done by using berms, filters strips, grassed swales and catch ponds. The SVCD recommends the individual lot owners obtain a site-specific grazing and waste management conservation plan from the local Natural Resources Conservation Service office in Afton. The
plans are provided free of charge. For more information, please contact Adam Clark, 307-886-
9001 ext.109, adam.p.clark@usda.gov. Wildfire and Landscaping: Wildfire is possible in this area. Well planned landscaping can reduce wildfire danger. The home should have a defensible space. SVCD recommends
following the guidelines in the University of Wyoming Barnyards and Backyards Living with Wildfire in Wyoming publication. http://www.uwyo.edu/barnbackyard/_files/documents/resources/wildfire2013/wildfire_web.pdf
Wildlife Friendly Fencing Fences cause the direct mortality of wildlife through entanglement and prohibition of movement to seasonal ranges. Fences constructed or currently in existence on the property should be designed to allow free and unrestricted movement of wildlife. Wyoming Game and Fish Department recommends fences be built to minimally restrict livestock and horses, while
allowing free movement of wildlife (e.g. a smooth bottom wire 16-18 inches above ground, a 39- inch maximum height and at least 12 inches between the top two wires). Wildlife can benefit from any area of open space. For more information please see Fencing Guidelines for Wildlife Wyoming Game & Fish Habitat Extension Bulletin No. 53 at the Wyoming Game and Fish website http://gf.state.wy.us/downloads/pdf/habitat/Bulletin%20No.%2053.pdf.
Homeowners should protect ornamental shrubs used for landscaping and future homeowners should know that, by state statute, the Wyoming Game and Fish Department is not liable for damage caused to ornamental plants by wildlife.
The potential exists for wildlife conflicts, especially between wildlife and free-ranging domestic pets. The landowner should take precautions to minimize harassment of wildlife by dogs and cats. It is illegal to allow pets to chase or kill wildlife. Likewise, rural landowners should recognize that black bears, mountain lions, and other carnivores may come near their dwellings and may pose a threat to pets allowed to range freely. Sensitive Species and Historical Resources Sensitive, threatened, or endangered species were not evaluated as part of this review.
STAR VALLEY CONSERVATION DISTRICT
Kay Lynn Nield
District Manager
State Engineer’s Office
HERSCHLER BUILDING,2 WEST
CHEYENNE,WYOMING 82002
(307)777-6150
MARK GORDON
GOVERNOR
BRANDON GEBHART,P.E.
STATE ENGINEER
August 24,2023
Lincoln County Board of Commissioners
925 Sage Ave.,Suite 302
Kemmerer,WY 83101
planning@lincolncountywy.gov
RE:Emigrant Meadows Phase II WDEQ 2023-176
Dear Commissioners:
The State Engineer’s Office Ground Water Division received application material related to the Emigrant
Meadows Subdivision from the Wyoming Department of Environmental Quality,requesting information
and advice to the Water Quality Division.
The proposed subdivision is to be located in SWNE,SENE,Lot 1 of Section 6,and SWNW,Lot 4 of
Section 5,T32N,R119W,Lincoln County,Wyoming.The subdivision consists of 12 lots.The proposed
water system is individual on-lot wells.Based upon the review of both the subdivision application and a
preliminary search of the agency’s water rights database,the State Engineer’s Office offers the following:
Our office reviewed the referenced submittal in compliance with W.S.18-5-306.We find that in respect to
W.S.18-5-306(a)(xi)the subdivider needs to address the following items:
1.Our records indicate that there may be some irrigated acres associated with the subdivision lands
under Permit P3062.0E and P4989.0E.These acres need to be addressed per Statute (see item 7 for
a summary of our findings and the processes to address these acres).
Additional Comments:
2.An approved permit from the Wyoming State Engineer’s Office is required prior to the drilling of any
water well.The procurement of the necessary and appropriate State Engineer water right permit
allows the applicant to attempt to develop a water supply adequate to meet their proposed needs,and
is no guarantee that any water will be physically available.
3.The water right record for reservoir P11688.0R (used for wildlife in lot 12)may require updating to
reflect the new ownership of the reservoir.
4.If any new wells are proposed,they must be constructed in accordance with the State Engineer’s
Office Rules and Regulations,Part III,Water Well Minimum Construction Standards.
Surface Water Ground Water Board of Control
(307)777-6475 (307)777-6163 (307)777-6178
5.Any well not to be used must be properly plugged and abandoned as outlined in the above referenced
rules and regulations.
6.Any wells developed for uses that do NOT fall within the definition of domestic or stock use require
adjudication by the Board of Control.
7.The water right search revealed other existing water rights attached to the subdivision lands.Those
water rights must be addressed as outlined in Wyoming Statute 18-5-306(a)(xi).To date,the State
Engineer’s Office has not received any paperwork addressing the intended disposition of the water
rights.
Wyoming Statute 18-5-306(a)(xi):
(xi)With respect to any water rights appurtenant to lands to be subdivided in accordance with this chapter
and prior to final approval of the subdivision permit,the subdivider shall provide the following:
(A)The intended disposition of the water rights,by:
(I)Written documentation from the state engineer or the state board of control that the subdivider
submitted to the state engineer or the state board of control all documents necessary to
voluntarily abandon the water rights,cancel any unadjudicated permits or eliminate applicable
lands from any unadjudicated permits.The subdivider shall notify any purchasers of this
action;
(II)Written documentation from the state board of control that the subdivider has submitted to the
state board of control all documents necessary to change the use or place of use to provide for
beneficial use of the water rights outside the subdivision;
(III)A plan,accompanied by written documentation from the state engineer approving the plan,for
the distribution of the water rights appurtenant to the land to be subdivided.The plan shall
specify the distribution of the water to the lots within the subdivision and shall include written
documentation from the state board of control that the subdivider submitted to the state board
of control all documents necessary to change the use,place of use or point of diversion or
means of conveyance in accordance with W.S.41-3-103,41-3-104 or 41-3-114;or
(IV)Written documentation from the state board of control that it has accepted an authorization to
detach water rights appurtenant to the lands to be subdivided in accordance with rules and
regulations promulgated by the state board of control.
(B)If the subdivision is located within lands served by or crossed by a ditch,irrigation works or other
water conveyance system,evidence that the subdivider submitted the plan to the public entity,
company,association or appropriators responsible for the ditch,irrigation works or other water
conveyance system for review and recommendation at least sixty (60)days prior to the submittal of
the application for the subdivision permit to the board.Upon receipt of the plan,the public entity,
company,association or appropriators shall notify the subdivider if and how the subdivision will
create a significant additional burden or risk of liability;
(C)Evidence that the subdivider will specifically state on all offers and solicitations relative to the
subdivision the subdivider's intent to comply with this paragraph and that the subdivider does not
warrant to a purchaser that the purchaser shall have any rights to the natural flow of any stream
within or adjacent to the proposed subdivision.The subdivider shall further state that Wyoming law
does not recognize any riparian rights to the continued natural flow of a stream or river for persons
living on the banks of the stream or river;
(D)If the subdivision is located within the boundaries of an irrigation district that is subject to the
provisions of title 41,chapter 7 of the Wyoming statutes,the application shall include
recommendations from the irrigation district regarding any changes to the attached water rights and
the irrigation district's easements.If there is a conflict with the irrigation district's recommendations,
the subdivider shall certify that it met with and made a good faith effort to resolve any conflicts with
the irrigation district;and
(E)If the subdivision will create a significant additional burden or risk of liability to the public entity,
company,association or appropriators responsible for the ditch,irrigation works or other water
conveyance system,the subdivider shall provide an adequate and responsible plan to reduce or
eliminate the additional burden or risk of liability and evidence that the subdivider submitted the
plan to the public entity,company,association or appropriators for review and recommendation
regarding the adequacy of the plan.
In all correspondence regarding this application,please reference “State Engineer Subdivision Review
Number 2023-22-12”.
If you have any questions,please feel free to contact me at (307)777-2974,or if you prefer email,at
wesley.frain1@wyo.gov.Thank you for the opportunity to comment on the subdivision application.
Sincerely,
Wesley Frain
Natural Resources Analyst
TRANSMITTED VIA EMAIL
Cc:Lisa Lindemann,Administrator,Ground Water Division
Jed Rockweiler,Administrator,Surface Water Division
Cheryl Timm,Administrator,Board of Control Division
Kevin Payne,Superintendent,Water Division IV
Mike Johnson,Hydrographer/Commissioner,Water Division IV,District 12
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